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(영문) 춘천지방법원 2017.08.17 2016가단5330
임대료 등 반환
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 78,881,932 and Defendant A Co., Ltd. from June 14, 2017.

Reasons

1. Indication of claim;

A. On November 30, 2015, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter referred to as “Defendant Company”) to lease out temporary materials outside the pump (value-added tax separate) by setting the lease term from November 30, 2015 to October 31, 2016, and the rent of KRW 50,490,00 (value-added tax separate).

(hereinafter “instant lease agreement”). B.

From December 28, 2015 to May 14, 2016, the Plaintiff supplied the Defendant Company with additional temporary materials equivalent to KRW 3,946,849.

C. The Defendant Company neglected the temporary materials leased from the Plaintiff and did not return them.

Defendant B and C jointly and severally guaranteed the obligation under the instant lease agreement of the Defendant Company.

E. The Plaintiff seeks rent of KRW 55,539,00 (including value-added tax), rent of KRW 5,026,832 for the temporary materials additionally supplied by the Defendants, and additional extension fees of KRW 5,026,832 (including value-added tax) until May 14, 2016, and the total amount of KRW 18,316,00 for the unclaimed materials, and damages for delay.

2. Applicable provisions;

(a) Defendant Company and Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

(b) Defendant B: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

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